Terms
and Conditions
- Last Updated 03/31/99
LOST HORIZON INTERACTIVE (hereby called "The
Service Provider") is an Internet Service
Provider and host of personal and business World
Wide Web pages. LOST HORIZON INTERACTIVE maintains
The Service Provider as a service to the Internet
community. The goal of LOST HORIZON INTERACTIVE
is to provide you with the best service possible
for an enjoyable Internet experience. These Terms
and Conditions are designed to keep LOST HORIZON
INTERACTIVE and the Internet enjoyable and useful
for all of our subscribers. LOST HORIZON INTERACTIVE
does not offer hosting or design services for
web sites which feature adult-oriented or pornagraphic
material. LOST HORIZON INTERACTIVE does not actively
monitor the content of any of it's hosted web
sites, electronic mail transmissions, mailing
lists, news groups or other material created or
accessible over LOST HORIZON INTERACTIVE services.
However, LOST HORIZON INTERACTIVE reserves the
right to remove any materials for any client LOST
HORIZON INTERACTIVE does become aware of that
are, in LOST HORIZON INTERACTIVE's sole discretion,
potentially illegal, could subject LOST HORIZON
INTERACTIVE to liability, or violate this policy.
At LOST HORIZON INTERACTIVE's discretion, hosting
services will be canceled for any client who violates
this policy.
The use of The Service Provider is subject to
the following terms and conditions.
LOST HORIZON INTERACTIVE may amend this agreement
on an as needed basis by placing an update of
this posting, and your continued use of The Service
Provider following each updated posting shall
be deemed to be your acceptance of any such modification.
Furthermore, it is your responsibility to monitor
the "Terms and Conditions" page of The
Service Provider regularly to determine whether
the terms and conditions have been modified. If
changes to terms and conditions or pricing have
been made, these changes will take effect on the
date of Client's contract renewal. If you do not
agree with the Terms and Conditions of The Service
Provider or any modifications or changes to this
Agreement, you must immediately stop using The
Service Provider.
The entire content of The Service Provider is
Copyrighted, and all rights are reserved. You
may save to disk or print out individual or selections
of information contained within The Service Provider
for your own use, provided that you do not collect
multiple small selections for the purpose of replicating
or copying all or substantial portions of The
Service Provider.
Terms of Contract
I. Financial Arrangements
1. Client agrees to the contract for the length
specified, beginning upon LOST HORIZON INTERACTIVE's
receipt by fax, e-mail, or express mail. Client
agrees to pay LOST HORIZON INTERACTIVE for services
rendered pursuant to the payment schedule.
2. First payment shall be due upon receipt of
contract.
3. This agreement will automatically renew for
identical successive periods unless canceled in
writing or modified by client prior to the renewal
date. Client will receive an invoice for charges
and payment is due upon receipt of invoice.
4. Initial payment is due with contract. Contract
takes effect on the date of receipt of payment,
and will be renewed automatically for identical
successive periods. Any changes made to the Client's
package (e.g. extra traffic charges, additional
server space, additional e-mail accounts) shall
be billed accordingly.
5. All orders are subject to acceptance by LOST
HORIZON INTERACTIVE. An order will be deemed accepted
by LOST HORIZON INTERACTIVE when confirmation
of the order is sent to Customer. LOST HORIZON
INTERACTIVE may refuse to accept any order, or
delay acceptance awaiting completion of conditions
LOST HORIZON INTERACTIVE may choose to exercise.
Such refusal of such conditions may not be unreasonable,
however, and LOST HORIZON INTERACTIVE agrees to
provide Customer with reasonable notice by Email
or fax of any intent to delay or decline the acceptance
of any order.
6. All setup fees and deposits payed by authorized
dealers to LOST HORIZON INTERACTIVE are non-refundable.
These terms are non-negotiable.
II. Taxes
LOST HORIZON INTERACTIVE shall not be liable for
any taxes or other fees to be paid in accordance
with or related to purchases made from Client
or LOST HORIZON INTERACTIVE's server. Client agrees
to take full responsibility for all taxes and
fees of any nature associated with any such products
sold.
III. Material and Products
1. LOST HORIZON INTERACTIVE will exercise no control
whatsoever over the content of the information
passing through the network or on the Client's
web sites. LOST HORIZON INTERACTIVE makes no warranties
or guarantees of any kind, whether expressed or
implied for the service it is providing. LOST
HORIZON INTERACTIVE also disclaims any warranty
of merchantability or fitness for particular purpose
and will not be responsible for any damages that
may be suffered by the Client, including loss
of data resulting from delays, non-deliveries
or service interruptions or gaps by any cause
or errors or omissions of the Client. LOST HORIZON
INTERACTIVE is not responsible for any loss, erasure,
or corruption of Client's data or files whatsoever.
Use of any information obtained by way of LOST
HORIZON INTERACTIVE is at the Client's own risk,
and LOST HORIZON INTERACTIVE specifically denies
any responsibility for the accuracy or quality
of information obtained through its services.
Connection speed represents the speed of connection
to LOST HORIZON INTERACTIVE and does not represent
guarantees of available end to end bandwidth.
LOST HORIZON INTERACTIVE expressly limits its
damages to the Client for any non-accessibility
time or other down time to the pro-rata monthly
charge during the system unavailability. LOST
HORIZON INTERACTIVE specifically denies any responsibilities
for any damages arising from a consequence of
such unavailability. In the event that this material
is not "Server-ready", LOST HORIZON
INTERACTIVE may, at its option and at any time,
reject this material, including but not limited
to after it has been put on LOST HORIZON INTERACTIVE's
Server. LOST HORIZON INTERACTIVE agrees to notify
Client immediately of its refusal of the material
and afford Client the opportunity to amend or
modify the material to satisfy the needs and/or
requirements of LOST HORIZON INTERACTIVE. If the
Client fails to modify the material, as directed
by LOST HORIZON INTERACTIVE, within a reasonable
period of time, which shall be determined between
the parties themselves, the Agreement shall be
terminated.
IV. Trademarks & Copyrights
Client warrants that it has the right to use the
applicable trademarks, if any.
LOST HORIZON INTERACTIVE may request the right
to use such trademarks in connection with LOST
HORIZON INTERACTIVE's service(s).
Client will review such a request promptly, and
not unreasonably withhold such permission.
V. Etiquette and Policy
1. The network resources of LOST HORIZON INTERACTIVE
may not be used to impersonate another person
or misrepresent authorization to act on behalf
of others or LOST HORIZON INTERACTIVE. All messages
via LOST HORIZON INTERACTIVE should correctly
identify the sender; users may not alter the attribution
of origin in electronic mail messages or postings.
Users may not attempt to undermine the security
or integrity of computing systems or networks
and must not attempt to gain unauthorized access
to said networks. Clients may not use LOST HORIZON
INTERACTIVE's server for mass e-mail or "spamming"
purposes.
2. LOST HORIZON INTERACTIVE may impose reasonable
rules and regulations regarding the use of its
services. Customer shall impose such rules and
regulations on its customers to the extent necessary
to ensure compliance.
3. LOST HORIZON INTERACTIVE may discontinue servicing
any Plan, or may require fulfillment of terms
or conditions LOST HORIZON INTERACTIVE may choose
to impose as a prerequisite for continuing to
service any such Plan. Such discontinuation or
requirement may not be unreasonable, however,
and LOST HORIZON INTERACTIVE agrees to provide
Customer with reasonable notice by Email and fax
of any such intent to discontinue or impose certain
conditions.
4. LOST HORIZON INTERACTIVE's services may not
be used for illegal purposes, or in support of
illegal activities. LOST HORIZON INTERACTIVE reserves
the right to cooperate with legal authorities
and/or injured third parties in the investigation
of any suspected crime or civil wrong. Activities
which are prohibited as potentially illegal include,
but are not limited to:
- Unauthorized
copying of copyrighted material including,
but not limited to, digitization and distribution
of photographs from magazines, books, or other
copyrighted sources, and copyrighted software.
- Posting
or e-mailing of scams such as 'make-money-fast'
schemes or 'pyramid/chain' letters.
- Threatening
bodily harm or property damage to individuals
or groups.
- making
fraudulent offers of products, items, or services
originating from your account.
- Attempting
to access the accounts of others, or attempting
to penetrate beyond security measures of our
or other systems (referred to as hacking)
whether or not the intrusion results in corruption
or loss of data.
- Harassing
others by 'mail-bombing'. 'Mail-bombing' constitutes
sending more than ten (10) similar mail messages
to the same e-mail address.
- Forging
any message header,in part or whole, of any
electronic transmission, originating or passing
through LOST HORIZON INTERACTIVE services.
- Distributing
viruses to or from LOST HORIZON INTERACTIVE
systems.
5. Bulk email sent through
a mail service external to our system can not
contain an email address or a domain name that
is hosted by LOST HORIZON INTERACTIVE. This
generally results in complaints being forwarded
to our administrative staff and will be cause
for immediate account termination or suspension
without prior notification.
VI. Charges for Space and Server Traffic
Above and Beyond that which are Allocated in
Client's Hosting Plan
Client agrees that it will be charged and will
remit payment for extra server traffic pursuant
to the web site hosting package that Client
has selected. Said charges will be prorated
and will appear on the following invoice. Charges
for excess server traffic are posted in the
hosting section of www.LostHorizon.com Client
agrees that it will be charged and will remit
payment for extra server storage space and extra
e-mail accounts pursuant to the web site hosting
package that Client has selected. Said charges
will be prorated and appear on the following
invoice. Charges for extra server storage space
and extra e-mail accounts are posted in the
hosting section of www.LostHorizon.com
VII. Termination
1. This Agreement may be terminated by either
party, without cause, by giving the other party
30 days notice via e-mail or fax. In such event,
the canceling party will be required to pay
to other party an amount equal to the unused
and prorated portion of service excluding any
hosting or setup charges. Notwithstanding the
above, LOST HORIZON INTERACTIVE may terminate
the service under this Agreement at any time,
without penalty, if the Client fails to comply
with the terms of this Agreement. It is the
clients responsibility to point his/her domain
to another service provider upon termination,
cancellation or discontinuation of service.
2. LOST HORIZON INTERACTIVE offers a 30-Day
money back guarantee for its hosting services.
This guarantee excludes any setup fees or installation
charges applied to LOST HORIZON INTERACTIVE's
services. LOST HORIZON INTERACTIVE will not
issue refunds or credits past the 30-Day money
back guarantee.
VIII. Limited Liability
1. Client expressly agrees that use of LOST
HORIZON INTERACTIVE's Server is at Client's
sole risk. Neither LOST HORIZON INTERACTIVE,
its employees, agents, resellers, third party
information providers, merchants licensers or
the like, warrant that LOST HORIZON INTERACTIVE's
Server service will not be interrupted or be
error free; nor do they make any warranty as
to the results that might be obtained from the
use of the Server service or as to the accuracy,
or reliability of any information service or
merchandise contained in or provided through
the LOST HORIZON INTERACTIVE Server service,
unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence,
shall LOST HORIZON INTERACTIVE, its offices,
agents or any one else involved in creating,
or distributing LOST HORIZON INTERACTIVE's Server
service be liable for any direct, indirect,
incidental, special or consequential damages
that result from the use of or inability to
use the LOST HORIZON INTERACTIVE Server service;
or that results from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in
operation, or transmission or any failure of
performance, whether or not limited to acts
of God, communication failure, theft, destruction
or unauthorized access to LOST HORIZON INTERACTIVE's
records, programs or services. Client hereby
acknowledges that this paragraph shall apply
to all content on LOST HORIZON INTERACTIVE's
Server service.
IX. Indemnification
Client agrees that it shall defend, indemnify,
save and hold LOST HORIZON INTERACTIVE harmless
from any demands, liabilities, losses, costs
and claims, including reasonable attorneys'
fees, ("Liabilities") asserted against
LOST HORIZON INTERACTIVE, its agents, its customers,
servants officers and employees, that may arise
or result from any service provided or performed
or agreed to be performed or any product sold
by Client, its agents, employees or assigns.
Client agrees to defend, indemnify and hold
harmless LOST HORIZON INTERACTIVE against Liabilities
arising out of (i) any injury to person or property
caused by any products sold or otherwise distributed
in connection with LOST HORIZON INTERACTIVE's
Server; (ii) any material supplied by Client
infringing or allegedly infringing on the proprietary
rights of a third party; (iii) copyright infringement
and (iv) any defective product which Client
sold on LOST HORIZON INTERACTIVE Server.
X. Partial Invalidity
If any provision of this agreement is held to
be invalid by a court of competent jurisdiction,
then the remaining provisions shall nevertheless
remain in full force and effect. LOST HORIZON
INTERACTIVE and Customer agree to renegotiate
in good faith any term held invalid and to be
bound by mutually agreed substitute provision.
XI. Disputes
The parties shall try to resolve all disputes
that might arise out of this agreement in a
spirit of cooperation without formal procedures.
Any dispute which cannot be so resolved (other
than the collection of money due on unpaid invoices)
and other than the injunctive relief referred
to in paragraph 10 shall be subject to arbitration
upon written demand of either party. Arbitration
shall take place in Los Angeles, California
or at a different location if the parties so
agree. The arbitration will take place before
an arbitration panel chosen as follows: The
parties shall each choose an arbitrator, and
the two arbitrators shall choose a third arbitrator
and determine the third arbitrator's pay. Each
party shall have one veto over the choice of
the third arbitrator. The three arbitrators
shall schedule an informal proceeding, hear
the arguments, and decide the matter by secret
majority vote. Unless the arbitrators decide
otherwise, each party shall pay the costs of
its own arbitrator, and shall pay half of the
other costs of the arbitration proceeding. Each
party shall have the right to have the proceedings
transcribed. The arbitrators will not have the
authority to award punitive damages or any other
form of relief not contemplated in the contract.
The majority of arbitrators shall render a written
opinion setting forth the basis on which they
arrived at the decision regarding each issue
submitted to arbitration; the dissenting arbitrator,
if any, shall not issue a dissenting opinion.
Regarding each issue submitted to arbitration,
the decision will be final and binding only
to the extent it is accompanied by a written
explanation of the basis upon which it was arrived
at. Judgment upon the award, if any, rendered
by the arbitrators may be entered in any court
having jurisdiction.
Should any legal action permissible under this
agreement be taken to enforce the conditions
and terms of this agreement, in particular the
right to collect money due on unpaid invoices,
the prevailing party shall be entitled to recover
reasonable legal fees and expenses incurred
at the trial and appellate levels.
XII. Confidentiality
Customer acknowledges that by reason of their
relationship, both customer and LOST HORIZON
INTERACTIVE may have access to certain products,
information and materials relating to the other
party's business, which may include business
plans, customers, software technology, and marketing
plans that are confidential and of substantial
value to either party, respectively, and which
value would be impaired if such information
were disclosed to third parties. Consequently,
both LOST HORIZON INTERACTIVE and customer agree
that it will not use in any way for its own
account or for the account of any third party,
nor disclose to any third party, any such information
revealed to it by either party, as the case
may be.
Customer and LOST HORIZON INTERACTIVE further
agree that it will take every appropriate precaution
to protect the confidentiality of such information.
In the event of termination of this agreement,
there shall be no use or disclosure by either
party of any such confidential information in
its possession, and all confidential documents
shall be returned to the rightful owner, or
destroyed. The provisions of this section shall
survive the termination of the agreement for
any reason. Upon any breach or threatened breach
of this section, either party shall be entitled
to injunctive relief, which relief will not
be contested by the Customer or LOST HORIZON
INTERACTIVE.
XIII. Notices
Except with respect to service of process as
set forth in paragraph , all notices may be
sent by email, fax, or express mail to the email
address, fax number, or address most recently
provided and will be effective upon transmission.
Evidence of successful transmission shall be
retained.
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